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Difference between revisions of "Permanent Residence Application Process (18:V)"
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Permanent Residence Application Process (18:V) (view source)
Revision as of 20:11, 28 October 2016
, 20:11, 28 October 2016→E. Humanitarian and Compassionate Applications
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Humanitarian and compassionate (“H&C”) applications are generally applied for from within Canada under s 25(1) of the IRPA, but they can also be applied for from abroad. This is a highly discretionary category. The test is whether the foreign national would face “undue, undeserved, or disproportionate hardship” if they were forced to return to their country of habitual residence or citizenship. The primary concern is “the best interest of any child” affected by the decision, but an immigration officer will also consider: level of establishment in Canada, family ties in Canada, ties to community, and any other relevant considerations. Students should review the IP5 manual carefully before providing advice on an H&C file. | Humanitarian and compassionate (“H&C”) applications are generally applied for from within Canada under s 25(1) of the IRPA, but they can also be applied for from abroad. This is a highly discretionary category. The test is whether the foreign national would face “undue, undeserved, or disproportionate hardship” if they were forced to return to their country of habitual residence or citizenship. The primary concern is “the best interest of any child” affected by the decision, but an immigration officer will also consider: level of establishment in Canada, family ties in Canada, ties to community, and any other relevant considerations. Students should review the IP5 manual carefully before providing advice on an H&C file. | ||
'''NOTE:''' In 2010, s 25 of the IRPA was amended, such that personal risks faced by the claimant that are relevant to a Convention refugee determination can no longer be considered in deciding an H&C application. However, “hardship” must still be considered—see IRPA s 25(1.3). Thus, discrimination in the foreign national’s country of origin that does not constitute persecution may still properly be considered by the Minister in determining whether the foreign national would experience undue, undeserved or disproportionate hardship. Review IP5 for guidance on how officers evaluate discrimination. | :'''NOTE:''' In 2010, s 25 of the IRPA was amended, such that personal risks faced by the claimant that are relevant to a Convention refugee determination can no longer be considered in deciding an H&C application. However, “hardship” must still be considered—see IRPA s 25(1.3). Thus, discrimination in the foreign national’s country of origin that does not constitute persecution may still properly be considered by the Minister in determining whether the foreign national would experience undue, undeserved or disproportionate hardship. Review IP5 for guidance on how officers evaluate discrimination. | ||
As of June 29, 2012, refugee claimants who have had their claim denied '''will be subject to a 1-year bar on submission of an H&C application as well as a bar on concurrent applications'''. Unlike applications made under a Pre-Removal Risk Assessment, a person who applies under H&C considerations '''may be removed from Canada before the decision on the application is made'''. | As of June 29, 2012, refugee claimants who have had their claim denied '''will be subject to a 1-year bar on submission of an H&C application as well as a bar on concurrent applications'''. Unlike applications made under a Pre-Removal Risk Assessment, a person who applies under H&C considerations '''may be removed from Canada before the decision on the application is made'''. | ||
== F. Convention Refugees (the Process) == | == F. Convention Refugees (the Process) == | ||